Friday, November 04, 2011

No justice for Dionette Cherney until after the election


A letter to the editor in today's Examiner from John Burton. Odd that we still don't know the name of the cyclist who hit Cherney: 

Bicyclist in fatal crash should face justice
11/03/11

On July 15, a bicyclist ran a red light and hit a New York woman who was legally crossing with a green light. She died of the injury on Aug. 11. There is still no action by the district attorney three months later.

A police spokesman said that the bicyclist would face the same legal consequences as a motorist. However, there has been much delay with the police investigation, coroner report and toxicology report.

The story did not get much attention because the victim was from out of town. Had a car caused the death or had she lived in San Francisco, authorities would have investigated this matter much quicker.

One wonders where justice is for this woman who visited San Francisco and ended up dead. I wonder why nobody seems to care. Is the district attorney waiting until after the election as to not offend bicyclists?

John Burton,
former state senator,
San Francisco


An earlier post on the subject here.

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20 Comments:

At 2:51 PM, Anonymous Anonymous said...

"Had a car caused the death or had she lived in San Francisco, authorities would have investigated this matter much quicker."

See three major taxi vs ped/bike accidents this week alone. There is no rush from SFPD to quickly go after a car driver.

STFU

 
At 3:58 PM, Anonymous Anonymous said...

Once again. NOT Odd. Has not been charged, no name.


Had a car caused the death or had she lived in San Francisco, authorities would have investigated this matter much quicker.

Bullshit.

 
At 4:02 PM, Anonymous Anonymous said...

http://sfappeal.com/news/2011/10/red-light-running-cab-strikes-pedestrian.php

Cab runs red light. Hits cyclist. Cyclist in critical condition. The driver, a 56-year-old man whose name was not immediately available, was not arrested, according to police.
The collision remains under investigation.

 
At 11:03 AM, Blogger Rob Anderson said...

Still not clear why the name of the cyclist who killed Dionette Cherney hasn't been made public, since name of the drunk driver who killed Nils Linke on Masonic Ave. was known within a few days of that accident.

 
At 1:20 PM, Blogger Rob Anderson said...

It's not only D.A. Gascon who's derelict in performing his duty on this case, since I haven't seen any criticism from his opponents, either. They too don't want to offend the city's bike people by raising the issue.

 
At 5:37 PM, Anonymous Anonymous said...

Rob, you are really reaching for straws here. The DA doesn't prosecute ANY traffic offenses. You are just cherry picking this one cause you hate cyclists.

 
At 9:02 PM, Blogger Rob Anderson said...

Not so. The guy who hit and killed Nils Linke last year is apparently being prosecuted by the DA on vehicular manslaughter and drunk driving charges.

And the name of the driver who killed Linke was made public soon after the accident. In this case, there's been no public progress---no talk of prosecution, and not even the name of the perp has been released. Doesn't that strike you as a little suspicious?

Burton asks a good question. The probable answer: neither the DA nor any of opponents want to antagonize the 12,000 members of the Bicycle Coalition.

A prediction: after the election, there will be an announcement.

 
At 9:35 PM, Anonymous Anonymous said...

And the name of the driver who killed Linke was made public soon after the accident. In this case, there's been no public progress---no talk of prosecution, and not even the name of the perp has been released. Doesn't that strike you as a little suspicious?

We went over this before. Joshua Calder has been charged - was charged right away. It's a little more clear cut when you have hit and run, DUI, and switching seats with his girlfriend. Since he's been charged, his name is public.

The cyclist has not been charged. The cops/DA cannot release his/her name since they have not been charged. Doing so would be a violation of due process, which would be far more suspicious, dontcha think?

Presumably they are building a case. If they filed charges before building a case, that increases the chances that they screw it up and the case gets dismissed. In Calder's case the charges were straightforward because he was drunk and hit and run.

Burton is getting in the way of the DA making his case. He should know better.

 
At 10:21 PM, Anonymous Anonymous said...

This guy wasn't drunk, he was just on a bike. That's your difference.

Now if you look at other cases in which a driver (not drunk) his a pedestrian, the name isn't often released. That would be a much more equal comparison.

Again, you are grasping at straws.

 
At 9:27 AM, Anonymous Anonymous said...

Push for his name to be released then he'll get off.

 
At 9:54 AM, Blogger Rob Anderson said...

Bullshit. The guy who killed Linke was charged the day after the accident, but it's been almost four months since Cherney was killed, and no charges have been filed. Just a coincidence that it's an election year? Only a bike guy like you can think so.

 
At 10:41 AM, Anonymous Bob Assderson said...

Anon @9:35 nailed it.

Call the DA's office. Call the SFPD. They will tell you the same thing.

 
At 11:19 AM, Blogger Rob Anderson said...

Tell me what? That it takes four months to "build a case" when a cyclist kills a pedestrian but only one day when a motorist kills a cyclist?

 
At 12:46 PM, Anonymous Anonymous said...

only one day when

1) The perpetrator was found away from the scene of the crime

2) The perpetrator failed a blood alcohol test

Hard, physical evidence. Go directly to jail, do not pass go.

"The cyclist ran the red light" is something that relies on witness testimony. What if the cyclist disputes it? They will need to cultivate as many witnesses as possible and ask for surveilance film from the area. If they fuck it up, the cyclist could get off on a technicality. Happens ALL THE TIME. Is that what you are hoping for?

Then again, maybe this shows that my take on Gascon was all wrong! Maybe he IS pro-cyclist!

 
At 4:16 PM, Blogger Rob Anderson said...

No, Gascon just doesn't want to alienate you bike people before the election.

This case is just as simple as the Nils Linke case. The perp cyclist cooperated with the cops and never left the scene of the crime. He may have even confessed. Anyhow, there's no excuse for not bringing charges by now, regardless of whether the perp pleads guilty or not guilty.

 
At 12:07 AM, Anonymous Anonymous said...

This case is just as simple as the Nils Linke case. The perp cyclist cooperated with the cops and never left the scene of the crime. He may have even confessed. Anyhow, there's no excuse for not bringing charges by now, regardless of whether the perp pleads guilty or not guilty.

How do you know there is even a case? You are not with the SFPD. Statements in the Chronicle or blogs are note evidence. "He may even have confessed". Spare me.

Rob Anderson CSI.

 
At 8:30 AM, Anonymous Anonymous said...

I think it would be best to compare the drunk who killed Nils to the drunk that hit the little boy from PHI. Both of their names were immediately known because they were immediately charged.

 
At 9:21 AM, Blogger Rob Anderson said...

If there's no case, the D.A. should say so. That there's been no official disposition of the matter four months after the accident is what's suspicious.

 
At 10:46 AM, Anonymous Anonymous said...

Yes, the DA should pick out one case, out of thousands, for a special press release so that Rob Anderson can sleep better at night. Totally a good use of resources.

 
At 3:17 PM, Blogger Rob Anderson said...

Turns out that the D.A.'s office didn't get a guilty plea until March of the next year. No explanation of why it took so long.

 

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